17786. Misbranding of Kavatone.    IT. S. v. 11% Dozen Bottles of Kavatone. 
Default    decree    of    condemnation,   forfeiture,   and    destruction.
(F. & D. No. 24922.    I. S. No. 037313.    S. No. 3259.)
An examination of samples of a drug product known as Kavatone from the 
herein-described interstate shipment having shown that it contained undeclared 
isopropyl alcohol, and that the labels bore claims of curative and therapeutic 
properties that the article did not possess, the Secretary of Agriculture reported 
the matter to the United States attorney for the Northern District of Illinois.
On July 22, 1930, the said United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 11% dozen bottles of Kavatone at Chicago, Ill., alleging that
the article had been shipped by Gray's Medicine Co., South Bend, Ind.. June 21, 
1930, and transported from the State of Indiana into the State of Illinois, and 
charging misbranding in violat;on of the food and drugs act as amended.
Analysis of a sample of the article by this department showed that it 
consisted essentially of potassium iodide, extracts of plant drugs including 
a laxative drug, volatile oils including sassafras oil and methyl salicylate, 
isopropyl alcohol (3.58 per cent), glycerin, and water.
It was alleged in the libel that the article was misbranded in that the pack- 
age failed to bear a statement on the label, of the quantity or proportion of 
alcohol contained therein. Misbranding was alleged for the further reason that 
the following statements regarding the curative or the therapeutic effects of 
the said article, appearing on the bottle and carton labels, (bottle) "A 
Splendid * * * System Purifier," (carton) "Builder of Strength for the 
Entire Family. Nature's Own Restorative * * * System Purifier, A 
Splendid System Purifier. * * * Recommended for Rheumatism, Stomach. 
Kidney, Liver and Impure Blood," were false and fraudulent in that the said 
statements were appl'ed to the article knowingly and in a reckless and wanton 
disregard of their truth or falsity so as to represent falsely and fraudulently 
to the purchasers thereof and create in the minds of such purchasers the 
impression and belief that the article was composed of or contained ingredients 
or medicinal agents effective as a remedy for the diseases, ailments, and 
afflictions menfoned therein.
On October 8, 1930, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.